Research On The Legal Issues Of Open Government Data

Government data contains huge value.Open government data can promote the maximum use of government data,and then make its value fully release.Research on the legal issues of open government data has important practical significance for further constructing the legal system,guiding the practice,and promoting economic development and social progress.This paper is mainly divided into the following parts: The first part sorts out and summarizes the international consensus on the connotation of open government data,and evaluates the current situation of legislation and practice on China’s open government data from the central to local levels.The second part analyzes the open government data system from the value level.Open government data can promote economic growth and transformation,the construction of service-oriented government and the modernization of government governance.At the same time,it also contains potential risks.Facing this value conflict,we should establish the basic concept of "paying equal attention to security and development" in the process of legislation and implementation.The third part studies the specific problems in the construction of the legal system of open government data.On the issue of legislative model,based on the essential differences between open government data and government information disclosure in many aspects,this paper demonstrates that open government data legislation should adopt and adhere to an independent path.On the issue of open scope of government data,this paper,from the positive side,clarifies the way to determine the open scope,and studies the reasons for restricting the open scope from the negative side.Among that,this paper focuses on the situation involving state secrets and personal information,and puts forward corresponding treatment suggestions.This paper has some innovations in the following aspects: The first is to comprehensively use empirical analysis and normative analysis to study the local legislation of open government data,so as to provide materials and experience for the system construction.The second is to put forward the basic concept of "paying equal attention to security and development" through the value analysis of the system,and put this concept into the specific system construction.The third is to study the different degrees of restrictions on openness due to state secret protection and personal information protection.On this basis,it further studies how to decrypt the state secret data in time and how to realize the balance between personal information protection and open government data.